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3 UK trying to renege on contract offer once accepted

welly_59
welly_59 Posts: 315 Forumite
Part of the Furniture 100 Posts Name Dropper Combo Breaker
im looking for some feedback and for someone to tell me if i have a case here or not.

i am a 3 uk monthly sim only customer. I spoke to 3 yesterday asking if i could upgrade my contract to a handset deal, the operator reccommended a phone for me and we went through the credit check and all was ok. Imediately after the call i realised i had chosen the wrong handset for my needs so immediately called them back and asked them if i could change my decision.

The operator put me on hold and after a while he came back and said yes that it wasnt a problem and he could cancel the offer that was made earlier and put it through on the new handset i had chosen. He explained to me the new pricings, how much i would be charged and told me that my handset would be delivered on friday, he also offered to text me the terms and conditions for the new contract. I said no and accepted the contract offer from him

today i recieved a call from 3 saying that as i had changed handset i would have to go through another credit check. we went through the credit check and it came back saying that i would have to pay £150 deposit for the handset. I declined to pay this, because as far as im concerned i had already been offered a new contract verbally over the phone and there had been no mention of a credit check having to be performed. The operator told me that it didnt matter as the credit check had to be done.

I asked for this to be escalated as i was not happy with the resolution and i called them back this evening to see how my complaint was progressing. I spoke to a complaints manager who said he understood my predicament but the person i spoke to yesterday had made a mistake and that i would have to pay £150 or not have the upgrade.

At this point i asked what the escalations procedure was and i was told there was no more escalation as he was the complaints manager so i asked for a letter of deadlock as i would be putting this forward to the relevant Ombudsmanicon. He then put me on hold and told me that his manager(who didnt exist 5 minutes ago!) would call me on sunday.

now, my question is can i hope to get anything out of this? i booked a day off work for tomorrow as i was told that my handset would be delivered and someone would need to be home. He offered to change my handset and said it would not be an issue, at no point did they mention a new credit check.

am i right in thinking that being told my handset would be delivered on friday, being told my new pricings, being told the terms could be emailed to me for reading and being told the start date of my new price plan constitute an offer of contract and myself accepting them is agreeing to this contract?

a mobile contract is not governed by the CCA so they do not have to send you letter of contract so as it currently stands they are trying to renege on a verbal contract after the acceptance of it.

I have already lost out on a days wages by booking the day off

Comments

  • welly_59
    welly_59 Posts: 315 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    They have admitted that a mistake was made and their latest call to me consisted of them saying "if a mistake is made then we try to fix it, is it still a mistake?"
  • Paul_01
    Paul_01 Posts: 415 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Move on with your life.
  • welly_59
    welly_59 Posts: 315 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    wow what a help
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    As the order was cancelled first, and the order for the correct handset came back with a deposit their is no upgrade contract
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • albionrovers
    albionrovers Posts: 2,028 Forumite
    Paul_01 wrote: »
    Move on with your life.

    +1.
    You're angry. You won't be in a weeks time. It's wasted energy.
  • WTFH
    WTFH Posts: 2,266 Forumite
    welly_59 wrote: »
    I have already lost out on a days wages by booking the day off

    Unless you are self employed, you'll get holiday pay, so you haven't lost out on a days wages. Either way, you could still work today now you know you don't want the phone.

    What was the original phone you wanted, and what is the one you have now requested?
    1. Have you tried to Google the answer?
    2. If you were in the other person's shoes, how would you react?
    3. Do you want a quick answer or better understanding?
  • pepdavies
    pepdavies Posts: 444 Forumite
    The second contract is different and sounds like it's more expensive. Just because they agreed to the first smaller loan, because that's what it is, doesn't make you entitled to a larger loan automatically. There are plenty of other networks if you disagree with their decision.
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